The verdict against four former leaders of the Kosovo Liberation Army and amendments to the Law on the Special Court have triggered a new wave of disagreements between Kosovo’s political class and its Western allies.
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This time, the tensions are not centered solely on the government led by Albin Kurti.
The Democratic Party of Kosovo, which long criticized the prime minister over strained relations with international partners, is now openly challenging the positions of Western diplomats, as well as the European Union’s assessment that the legal changes conflict with Kosovo’s international commitments.
Analysts differ on whether Kosovo’s political parties are becoming more inclined to challenge the positions of Western allies.
Daniel Serwer, of Johns Hopkins University in Washington, sees such a trend, which he links to growing efforts to assert Kosovo’s sovereignty.
“Yes, I believe this is becoming more politically acceptable, driven by a growing interest in asserting sovereignty,” Serwer told Radio Free Europe/Radio Liberty.
He places the disputes over the Special Court in a broader context, including the Kurti government’s earlier clashes with allies over northern Kosovo.
“In my view, the PDK has strong grounds to question the Special Court. It is no surprise that it is doing so — together with Vetëvendosje,” he added.
However, Lulzim Peci, director of the Kosovar Institute for Policy Research and Development (KIPRED), does not interpret the public objections voiced by PDK representatives as evidence of a shift in Kosovo’s foreign policy orientation.
He says responsibility for that policy rests with the government, while statements by an opposition party do not represent the state’s official position.
“As long as the government takes no concrete action to implement the law, the situation will remain a verbal clash. The moment the government takes steps to implement the law, that will be a step toward confrontation,” Peci told Radio Free Europe/Radio Liberty.
What caused the new disagreements?
On September 16, the Specialist Chambers in The Hague — known as the Special Court — found Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi guilty of war crimes, sentencing them to between 13 and 25 years in prison.
The verdict is a first-instance ruling and can be appealed.
The United States called for the ruling to be respected and for rhetoric that fuels tensions to be avoided, while the European Union urged respect for the court’s independence.
Prime Minister Kurti described the ruling as an “unacceptable injustice,” but the strongest reactions toward Western diplomats came from the PDK, which was in power when the conditions were put in place for the court’s establishment in 2015.
Its leader, Bedri Hamza, called on ambassadors from allied countries to contribute to what he described as a fair portrayal of the situation.
PDK deputy leader Vlora Çitaku went further, directly criticizing British Ambassador Jonathan Hargreaves after he stressed that the sentences in The Hague concerned individual criminal responsibility.
“Do not pull the wool over our eyes,” Çitaku wrote on social media, claiming that the KLA had been designated a joint criminal enterprise and that the verdict could not be reduced to the responsibility of just four individuals.
The trial panel found that the four defendants had participated in a joint criminal enterprise, but stressed that the proceedings did not concern the legitimacy of the KLA or its goal of securing Kosovo’s independence.
The clashes intensified after October 6, when the Assembly adopted PDK-proposed amendments to the Law on the Specialist Chambers.
Among other things, the amendments provide for limits on the court’s jurisdiction, a maximum prison sentence of 15 years and the possibility of serving sentences in Kosovo.
The European Union said the law conflicts with Kosovo’s international obligations and called for respect for the court’s mandate and independence, as well as guarantees of justice for victims and their families.
But PDK lawmaker Përparim Gruda, who initiated the changes, rejected that assessment.
“We are convinced that this law violates none of the obligations Kosovo has undertaken, and we can face the international community with a clear conscience,” he said on October 7.
Çitaku said it was “normal” to have disagreements with allies.
“It is very important that we discuss them,” she added.
From clashes over the north to the Special Court
Disagreements with Western allies, which played a decisive role in Kosovo’s liberation and supported its state-building efforts, are not new for the Kurti government.
In recent years, they have focused mainly on actions by Kosovo’s institutions in the Serb-majority north — including ethnic Albanian mayors entering municipal buildings in 2023 and the closure of Serbia-backed institutions.
The government justified these actions as an exercise of sovereignty and an extension of the rule of law, while Western partners criticized the lack of coordination and the risk of escalating tensions.
Kurti himself insisted that relations with allies did not necessarily mean agreement on every issue.
But the disagreements went beyond exchanges of statements, bringing diplomatic consequences as well.
In 2023, the European Union imposed measures against Kosovo, suspending high-level visits and parts of its financial cooperation.
Last year, the United States suspended the launch of the Strategic Dialogue with Kosovo.
The PDK was among the parties that sharply criticized the Kurti government for what was described as damage to relations with allies.
Between opposition and preserving relations with allies
PDK lawmaker Elmi Reçica, first deputy chair of the parliamentary Committee on Foreign Affairs and Diaspora, says his party’s recent reactions should be understood in their proper context.
He recalls that Western partners supported the establishment of the Specialist Chambers in 2015 and says they should also show understanding for the current amendments to the law.
“If it was supported and backed then, there should be support and backing now as well,” Reçica told Radio Free Europe/Radio Liberty.
Nevertheless, he stresses the importance of maintaining careful communication through institutional channels with international partners.
“As always, in situations that were just as complicated, perhaps even more complicated, we kept our composure and maintained communication. We should return to precisely that form and manner of communication,” he said.
Lutfi Haziri, of the Democratic League of Kosovo, believes the clashes of recent years are now taking on another dimension with the PDK’s involvement.
“The Specialist Chambers have brought this dynamic to the surface with the PDK as well. It is more or less an extension of these conditional relations,” Haziri told Radio Free Europe/Radio Liberty.
He warns that continued clashes could spur further political demands, extending as far as the dissolution of the Specialist Chambers.
He says Kosovo should avoid verbal clashes and restore trust with its allies, while the EU should also address concerns about the court’s functioning.
For Alliance for the Future of Kosovo lawmaker Time Kadrijaj, the current clashes are a consequence of the decisions taken in 2015, when her party opposed the establishment of the Specialist Chambers.
“We withstood the pressure then. We are withstanding it now as well. Now let the PDK fight the battle. Let the state institutions withstand the pressure,” Kadrijaj said.
Could there be consequences for Kosovo?
On Wednesday, October 15, Assembly Speaker Albulena Haxhiu forwarded the amendments to the Law on the Specialist Chambers to President Justina Shiroka Pula for promulgation.
The president has eight days to act.
But it remains unclear how the legal changes will affect the court’s functioning and Kosovo’s relations with its Western partners.
For Peci, the main risk lies not in politicians’ statements, but in the possibility that the disagreements could turn into institutional clashes.
The Specialist Chambers operate within Kosovo’s legal system, while their mandate and independence are also underpinned by constitutional provisions and the country’s international obligations.
According to Peci, if Kosovo’s institutions take steps to implement provisions that limit the court’s powers, disagreements with the European Union could deepen further.
Another potential flashpoint, he says, is a possible request for those convicted by the Specialist Chambers to serve their sentences in Kosovo.
A day earlier, on October 14, the government also established a working group to draft and coordinate a state strategy for appeal proceedings in The Hague, with the aim of coordinating legal, institutional and diplomatic support.
However, the creation of this group does not automatically mean the implementation of the legal changes opposed by the EU.
The government did not respond to questions from Radio Free Europe/Radio Liberty about the disagreements with Western partners.
Peci believes another decisive moment for these relations could be the outcome of the appeal for the four former KLA leaders.
“If the ruling is an acquittal, this matter ends there. But if it is not an acquittal, then an even bigger clash will begin,” he said.
Serwer, meanwhile, stresses the importance of preserving Kosovo’s relations with the EU and NATO, particularly for its international standing and security.
“Kosovo must ensure that its relations with the EU and NATO remain strong. This is difficult when Pristina insists on asserting its sovereignty, but consultation and coordination can avoid many potential pitfalls and problems,” he stressed.
For now, the EU has not announced any concrete measures against Kosovo over the amendments to the Law on the Specialist Chambers.
However, its objections were accompanied by warnings about the importance of respecting the rule of law in the European integration process.
“My message is very simple. European enlargement is moving forward. If candidate countries take steps backward, they are not on the right path and will not be able to become EU members,” EU Enlargement Commissioner Marta Kos said on October 12.
